Guidelines For Abatement of Pollution From Mining Operations Rajasthan State Pollution Control ...

59 Pages·2011·1.24 MB·English

by  R. Gupta

Guidelines
For
Abatement of Pollution
From
Mining Operations

Rajasthan State Pollution Control Board
4, Jhalana Institutional Area, Jaipur
(July, 2011)
CONTENTS
Index No Description Page No.
1. GENERAL 1
1.1 Introduction 1
1.2 Mineral resources of Rajasthan 2
1.3 Classification of Minerals 3
2. DELEGATION OF POWERS 4
3. CLASSIFICATION OF MINING UNITs 4
4. MINING LEGISLATION 4
4.1 Provisions related to Environment in MMRD Rules1988 6
5. ENVIRONMENTAL LEGISLATION 8
5.1 Specific Requirements - Water Act 8
5.2 Specific Requirements - Air Act 8
5.3 Requirements of Ground Water Extraction 9
5.4 Legal Requirements – HW Rules 10
5.5 Restrictions - Aravalli Range 10
5.6 Restrictions - Mount Abu Eco-Sensitive Zone 11
6. ENVIRONMENTAL CLEARANCE 13
6.1 Validity of TOR 17
6.2 Validity of Environmental Clearance 17
6.3 Post Environmental Clearance Monitoring 17
6.4 Transferability of Environmental Clearance 17
6.5 Criteria for EIA consultants 17
6.6 Authorized Signatory 18
6.7 Participation of the project proponent during the EAC meetings 18
6.8 Projects requiring recommendation of the Chief Wildlife Warden 18
6.9 EIA Guidance Manual of MOEF, GOI for mining projects 18
7. ENVIRONMENTAL ASPECTS OF MINING 19
7.1 Mining Operations 19
7.2 Mining Methods 20
7.3 Study Area for Mining Projects for environmental consideration 20
7.4 Sources of Air Pollution 21
8. SPECIFIC POLLUTION CONTROL MEASURES 21
8.1 Air Pollution Control Measures 21
8.2 Environmental Management Plan 22
8.3 Operation and Maintenance 23
8.4 Guidelines for Eco-Friendly Mining 24
8.5 Environmental Norms 25
8.6 Key Parameters for Monitoring- MoEF- GOI 25
9 PLANTATION FOR ENVIRONMENTAL CARE 27
10. GENERAL CONDITIONS 28
11. PROCEDURE TO APPLY FOR CONSENT TO ESTABLISH 28
11.1 The Documents required to be submitted for CONSENT TO 29
ESTABLISH
11.2 What activity can be carried out after grant of CONSENT TO 29
ESTABLISH
12. PROCEDURE TO APPLY FOR FIRST CONSENT TO 30
OPERATE
13. PROCEDURE TO APPLY FOR RENEWAL OF CONSENT TO 30
OPERATE
14. PERIODICAL REPORTS REQUIRED TO BE SUBMITTED 31
TO THE STATE BOARD
15. PROCEDURE TO APPLY FOR INCREASING THE 31
CAPACITY OF EXISTING MINE
16. INSPECTION BY STATE BOARD 31
17. CONSEQUENCES OF DEFAULTING COMPLIANCE OF 31
GUIDELINES
18. CONDITIONS FOR REVOCATION OF CONSENT 31

ANNEXURES
Annexure 1 Proforma Affidavit for CTE/CTO
Annexure 2 Areas Identified by CGWA as Safe/ Semi Critical /Critical/ Over Exploited
Areas
Annexure 3 Key Parameters for Monitoring – MoEF, GoI
Annexure 4 National Ambient Air Quality Standards (NAAQS)
Annexure 5 Model Eco-Friendly Mining Plan – DMG, Rajasthan
Annexure 6 General Standards for Discharge of Effluents
Annexure 7 Noise Ambient Air Quality Standards
Annexure 8 Noise Limits for Generator Sets run with Diesel
Annexure 9 Form-V Environmental statement for the financial year ending the 31st March
Annexure 10 Geo-referenced Cadastral Map
Annexure 11 Proforma of Inspection Reports for inspection of Mining Units
1. GENERAL
The State Board has issued detailed guidelines from time to time to facilitate the process
of grant of consent to establish/ consent to operate and to suitably guide/ advise the
industries for taking appropriate measures for abatement of pollution. The purpose of
developing sector specific guidance manual for Mining projects is to provide clear and
concise information to all the stakeholders i.e. project proponent, environmental
consultant, Rajasthan State Pollution Control Board officials and the public to have a
better understanding on the relevant environmental aspects in the initial stage itself. This
Guidelines covers the legal requirements, clearance process, environmental standards
and maintenance of statutory records. The manual will also cover the environmental
concerns related to mining of minerals. The project proponent may use these Guidelines
to ensure that all the aspects of the environment due to the project are addressed and
adequate mitigation measures are planned in the environmental management plan and
project proponent will be fully aware of the environmental process and requirements.
Public who are concerned about mining of minerals, should have information about the
environmental aspects, standards, regulatory requirements etc., and have a better
understanding about the mining activity.
This sector specific guideline by Rajasthan State Pollution Control Board is prepared
in line with National Environmental Policy 2006, which emphasizes on:
- Formulate and periodically update codes of good practices for environment for
different category of industries
- Ensure faster decision making with greater transparency and access to information,
together with necessary capacity building
The guideline is meant to serve as a guide. In case of interpretation of any question
related to law, the provisions of the original law and the rules made thereunder with
various government directions/resolutions will have to be read and followed.
In case of amendment to the original Act/Rules/Notifications made thereunder, the
provisions as amended from time to time shall be applicable.

1.1 Introduction
The process involved in the mining industry is such that if appropriate measures are
not taken, it may lead to pollute air and/ or water, besides impact on Land, soil,
flora and fauna. Therefore, it is mandatory that mining units must be established
only after seeking proper consent under Air (Prevention & Control of Pollution)
Act, 1981 (Air Act) and/or Water Prevention & Control of Pollution) Act, 1974
(Water Act). Likewise, after getting established, the mining Units must be put to
operation only after valid consent to operate under the above mentioned laws. Any
violation in this regard is a criminal offence.
1.2 Minerals resources of Rajasthan
With total geographical area of 3,42,239 sq. km, occupying 10.41 % of India’s total
area and having population (2001Census) of about 5.65 crore, Rajasthan ranks first
in production of Minor Minerals by contributing about 30% share of the nation’s
production and occupies fifth place in terms of the value of Major Minerals
produced. Out of 23,818 leases in force in the State (15.10.2010), 2,384 leases are
of Major Minerals, 10,147 leases of Minor Minerals, and 10,287 Quarry Licenses of
Minor Minerals. Minerals contributed Rs. 1560.48 crores (rent and royalty) to the
State’s exchequer during 2009-10 as compared to Rs 1213.02 crores during the
preceding year 2008-09
Briefly stated, Rajasthan is endowed with a continuous geological sequence of
rocks from the oldest Archaean Metamorphic, represented by Bhilwara Super group
(>2500 m. y.) to sub-recent alluvium & windblown sand. Vast unconsolidated
deposits including the blown sand of the Thar Desert of western Rajasthan cover the
western & NW parts of the state. The remaining area exposes wide variety of hard
rocks including various types of metamorphic rocks like schist, quartzite, marble,
and genesis of Precambrian age with associated acid & basic intrusive rocks. The
formations include the rocks of Aravalli Super group, Delhi Super group, upper
Precambrian Vindhyan Super group and those of Cambrian to Jurassic, Cretaceous,
and Tertiary ages. The southeastern part of the state is occupied by a pile of basaltic
flows of Deccan traps of Cretaceous age. Several mineral deposits and renowned
building stones of economic importance occur in association with the above rock
units.

Rajasthan is the sole producer of jasper, lead & zinc concentrate and wollastonite.
Rajasthan was the sole producer of garnet (gem) till 2004-05. Almost entire
production of calcite and natural gypsum in the country comes from Rajasthan.
State is a major producer of asbestos, copper concentrate, ochre, Rock phosphate,
silver, steatite, ball clay, fluorite and feldspar. The State is also an important
producer of marble having various shades. Makrana area is world famous centre
for marble mining. Country’s more than 90% resources of wollastonite, lead &
zinc ore and potash are located in Rajasthan. State has a main share in the total
resources of silver ore (84%), gypsum (81%), bentonite (80%), fuller’s earth
(74%), diatomite (72%), ochre (71%), marble (63%), feldspar (62%), calcite
(53%), mica (51%), talc/ steatite/soapstone (50%), asbestos (49%), copper (48%),
ball clay (36%), rock phosphate (31%), tungsten (31%), fluorite (26%), granite
(23%), gold (primary) (17%) and china clay (14%).

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The value of mineral production in Rajasthan during 2007-08 was Rs.4931 crores
which increased by 6% as compared to the previous year. Its share to the total
value of mineral production in the country in 2007-08 was about 4.6%.The value
of production of minor minerals was estimated at Rs.2,578 crores for the year
2007-08. The index of mineral production in Rajasthan (base 1993 - 94 = 100) was
200.5 in 2007-08 as against 176.9 in the previous year.

The following table shows the contribution of the Minor mineral and Major
mineral in the state of Rajasthan during the year 2007-08. It is evident from the
statistics that the contribution of the minor mineral is far more than the major
mineral, not only in terms of production, but the total revenue to state exchequer,
the employment it has generated and its share in the overall economy of the state,
thus making the small scale mining significant.

Source: www.dmg-raj.org) Based on the Statistics of 2008-09
Leases Area Production Sale Value Revenue Employment
Mineral
No. (in Hector) ('000 Tons) (Rs. Lacs) (‘000 Rs.) (Nos.)
Major Mineral 1941 89916.35 49116.021 163887.774 7658456.062 29155
Minor Mineral
9456 47980.88 178470.742 311449.399 4545140.955 237009
leases
Minor Mineral
15203 Statistics not available
Quarry Licenses

1.3 Classification of Minerals
As per the available legislations in India, all minerals have been classified into
two categories namely:-
Major Minerals: Schedule Major Minerals as specified in Second
Schedule appended with the MMDR Act 1957- Coal and Lignite, Radio Active
Minerals, Asbestos, Bauxite, Chrome ore, Copper ore, Gold, Iron ore, Lead,
Manganese ore, precious stones, Zinc,
Other Major Minerals such as Agate, Apatite and Rock Phosphate,
Barites, Laterite, Cadmium, Calcite, China clay/Kaolin, Dolomite, Feldspar,
Fire Clay, Fluorspar, Garnet, Graphite, Gypsum, Kyanite, Limestone,
Magnesite, Vermiculite ,Wollastonite, Mica etc.
Minor Minerals: The Minor Mineral are Building Stone, Gravel,
Ordinary Clay, Ordinary Sand and any other mineral which the Central
Government may by notification in the official Gazette declare as Minor
Mineral. As on today the Minor Minerals are River sand (Bajri) Brick Earth,
Chips and Powder making minerals, Diorite, Granite, Kankar, Limestone,
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Marble, Masonry stones, Sand Stone, Serpentine and other Decorative Stone, etc.
as specified in Schedule-I appended with Minor Mineral Concession Rules 1986.

The State Board, in supersession of the previous guidelines, hereby
issues new comprehensive guidelines for establishment of new mining
Units and for operation of new or existing mining Units. It is pertinent
to clarify here that:-

(i) The case where capacity of existing mining unit is proposed to be enhanced, it
will be treated as the case of establishing new mining unit.
(ii) The mining units will also be required to comply with the conditions laid
down in all other laws for the time being in force. The consent to establish /
consent to operate issued under the Air Act/Water Act does not absolve the
project proponent from the other statutory obligations prescribed under any
other law or any other instrument.

2. CLASSIFICATION OF MINING UNITS:
All mining units have been categorized under Red Category vide Board Order No.
F.14 (57) Policy/ RPCB/ 9219 Dated 21.12.2010 – Refer Board’s website
www.rpcb.nic.in.

3. DELEGATION OF POWERS
The State Board has delegated powers to Regional Officers to grant or refuse
consent to establish and consent to operate to all Mining/Quarrying of Minerals in
area less than 5.0 hectares except in case of Schedule Major Minerals and Mines
covered under Aravalli Notification. However, when a consent application is
refused by Regional Officer, the decision on the application submitted
subsequently will be taken by the Head Office (Ref. Board office Order No. F.14
(57) POLICY/ RPCB/ Plg/ 9260 Dated 21.12.2010) – Refer Board’s website
www.rpcb.nic.in.

4. MINING LEGISLATION
It is estimated that there are nearly 200 enactments in the country, which deal
with the protection of forests, wildlife, land use, and prevention and control of
water, air and noise pollution.
Mining of minerals other than coal, lignite, natural gas and petroleum is regulated
under the Mines and Minerals (Development & Regulation) Act, 1957, amended
in 1994; Mineral Concession Rules, 1960; and the Mineral Conservation and
Development Rules, 1988 besides the Rajasthan Minor Mineral Concession Rules
1986 which deal with the concession of Minor Minerals in the state. These acts
and rules have provisions for environment preservation and protection while
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carrying out mining operations. Following are the main environmental legislation,
which cover the mining industry:

1. The Water (Prevention and Control of Pollution) Act, 1974 (As amended to
Date)
2. The Air (Prevention and Control of Pollution) Act, 1981 (As amended to Date)
3. The Environment (Protection) Act, 1986 (with rules 1986 and 1987)
4. The Forest (Conservation) Act, 1980 (amended in 1988)
5. The Wildlife (Protection) Act, 1972 (amended in 1991)

The important features of the some of the Acts and Rules concerning mine
environment are as follows:

The Mines and Minerals (Development & Regulations) Act, 1957
This act provides for general restriction on undertaking prospecting and mining
operations; procedure for obtaining prospecting licenses or mining leases; and
conservation and systematic development of minerals.

The Mineral Concession Rules (MCR), 1960
These rules framed under the Mines and Minerals (Development & Regulations)
Act, 1957 and subsequent amendments stipulate that a “Mining Plan” shall
incorporate, amongst others, a plan of the area indicating water sources, limits of
forest areas, density of tress, impact of mining activity on forest, land surface and
environment including air and water pollution; scheme for restoration of the area
by afforestation, adoption of pollution control device and such measures as may
be directed by the concerned Central and State Government agencies.
Environmental management plan therefore forms a part of the mining plan.

The Mineral Conservation & Development Rules (MCDR), 1988
These rules contain a chapter devoted to environment. There are 11 provisions in
this chapter pertaining to storage and utilization of top soil, storage of overburden,
waste rock, reclamation and rehabilitation of land, measures against ground
vibrations, control of surface subsidence, measures against air and noise pollution,
discharge of toxic liquids, and restoration of flora, the provisions for protection of
Environment under these rules are given in the Para 4.1 and 4.2.

The Forest (Conservation) Act, 1980
This act regulates the use of forest land for non-forestry purposes. Prior approval
of Government of India is required for non-forest use of forest land.

The Wildlife (Protection) Act, 1972
This act provides power to the authorities for regulating hunting of wild animals,
declaration of any area to be a sanctuary, national park or closed area, protection
of specified plants, sanctuaries, national parks and closed areas and miscellaneous
matters.

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4.1 Provisions related to Environment in MMRD Rules 1988
The chapter V Rule- 31 – 41 of Mineral Conservation & Development Rules,
1988 enumerates the provisions to safeguard the Environment from Mining
Activity which is provided below for ready reference:

Rule 31 Protection of environment:
Every holder of a prospecting license or a mining lease shall take all possible
precautions for the protection of environment and control of pollution while
conducting prospecting, mining, beneficiation or metallurgical operations in
the area.

Rule 32 Removal and utilization of top soil:
(1) Every holder of a prospecting license or a mining lease shall, wherever top
soil exists and is to be excavated for prospecting or mining operations, remove
it separately.
(2) The top soil so removed shall be utilized for restoration or rehabilitation of
the land which is no longer required for prospecting or mining operations or
for stabilizing or landscaping the external dumps.
(3) Whenever the top soil cannot be utilized concurrently, it shall be stored
separately for future use.

Rule 33 Storage of overburden, waste rock, etc.:
(1) Every holder of a prospecting license or a mining lease shall take steps so
that the overburden, waste rock, rejects and fines generated during prospecting
and mining operations or tailings, slimes and fines produced during sizing,
sorting and beneficiation or metallurgical operations shall be stored in
separate dumps.
(2) The dumps shall be properly secured to prevent escape of material there
from in harmful quantities which may cause degradation of environment and
to prevent causation of floods.
(3) The site for dumps, tailings or slimes shall be selected as far as possible on
impervious ground to ensure minimum leaching effects due to precipitations.
(4) Wherever possible, the waste rock, overburden etc. shall be back-filled
into the mine excavations with a view to restoring the land to its original use
as far as possible.
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(5) Wherever back-filling of waste rock in the area excavated during mining
operations is not feasible, the waste dumps shall be suitably terraced and
stabilized through vegetation or otherwise.
(6) The fines, rejects or tailings from mine, beneficiation or metallurgical
plants shall be deposited and disposed in a specially prepared tailings disposal
area such that they are not allowed to flow away and cause land degradation
or damage to agricultural field, pollution of surface water bodies and ground
water or cause floods.

Rule 34 Reclamation and rehabilitation of lands:
Every holder of prospecting license or mining lease shall undertake the phased
restoration, reclamation and rehabilitation of lands affected by prospecting or
mining operations and shall complete this work before the conclusion of such
operations and the abandonment of prospect or mine.

Rule 35 Precaution against ground vibrations:
Whenever any damage to public buildings or monuments is apprehended due
to their proximity to the mining lease area, scientific investigations shall be
carried out by the holder of mining lease so as to keep the ground vibrations
caused by blasting operations within safe limit.

Rule 36 Control of surface subsidence:
Stopping in underground mines shall be so carried out as to keep surface
subsidence under control.

Rule 37 Precaution against air pollution:
Air pollution due to fines, dust, smoke or gaseous emissions during
prospecting, mining, beneficiation or metallurgical operations and related
activities shall be controlled and kept within ‘Permissible Limits’ specified
under various environmental laws of the country including the Air (Prevention
and Control of Pollution) Act, 1981 (14 of 1981) and the Environment
(Protection) Act, 1986 (29 of 1986) by the holder of prospecting license or a
mining lease.

Rule 38 Discharge of toxic liquid:
Every holder of prospecting license or a mining lease shall take all possible
precautions to prevent or reduce the discharge of toxic and objectionable
liquid effluents from mine, workshop, beneficiation or metallurgical plants,
tailing ponds, into surface water body, ground water aquifer and useable lands
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